Australia's partner visa program allows Australian citizens, permanent residents, and eligible New Zealand citizens to sponsor their spouse or de facto partner to live with them in Australia permanently. We guide couples through the entire process with expertise and care.
The Australian partner visa program offers pathways for both married couples and de facto partners. At SDA Immigration Lawyers, we understand the personal significance of these applications. We combine thorough legal knowledge with a genuine commitment to achieving successful outcomes for our clients and their partners.
Partner visa applications require detailed evidence of a genuine and ongoing relationship. The Department of Home Affairs assesses financial aspects, social circumstances, household arrangements, and the commitment of both partners. A well-prepared application makes a significant difference to the outcome.
If your partner is already in Australia, they can apply for the onshore partner visa, which involves two stages:
During the waiting period between the 820 and 801, your partner can remain in Australia on the temporary visa with full work and study rights.
If your partner is outside Australia, the offshore partner visa follows the same two-stage structure:
Your partner must be outside Australia when the subclass 309 visa is granted, but may travel to Australia as soon as the visa is approved.
The Department of Home Affairs assesses the genuineness of your relationship across four categories of evidence:
We assist clients in identifying, organising, and presenting the strongest possible body of evidence across all four categories.
We assess your relationship, determine whether onshore or offshore is appropriate, and advise on eligibility and evidence requirements.
We guide you through gathering and organising relationship evidence across all four assessment categories required by the Department.
We prepare and lodge your application through ImmiAccount, ensuring all requirements are met and the application is complete.
We assist with the permanent stage of the visa after the two-year waiting period, ensuring the transition from temporary to permanent is smooth.
De facto partners must demonstrate they have lived together in a genuine de facto relationship for at least 12 months (unless you are registered as domestic partners in an Australian state or territory). Evidence across all four assessment categories is required: financial, household, social, and commitment. This typically includes joint bank account statements, shared lease or mortgage documents, statutory declarations from people who know you as a couple, and correspondence showing the same address.
Processing times for the temporary stage (subclass 820 or 309) currently range from approximately 18 months to 3+ years, depending on the complexity of the case and current Department of Home Affairs workloads. The permanent stage (subclass 801 or 100) is then assessed two years after the original application date. We provide current processing time estimates at your consultation.
Yes. Once a subclass 820 visa is granted, your partner has full work and study rights in Australia for the duration of the temporary visa. If your partner is onshore when the application is lodged, they may also be granted a bridging visa with work rights while the 820 is being processed, depending on their current visa status.
A de facto relationship for migration purposes requires that two people are not married to each other, are not related by family, and have a mutual commitment to a shared life as partners to the exclusion of all others. They must have lived together on a genuine domestic basis for at least 12 months immediately before the application, unless registered as domestic partners in an Australian state or territory.
Most partner visa refusals can be reviewed by the Administrative Appeals Tribunal (AAT). You typically have 21 days from the date of refusal to lodge your review application. The AAT can consider new evidence and substitute a different decision. We advise on the merits of an AAT review and can represent you through the entire process.
Speak with one of our specialist partner visa lawyers today for clear, practical advice on your pathway.